ArcheAge Omen of Dread Prophecies Contest: Official Rules and Conditions

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No more than one (1) entry per person, e-mail address, or physical address.

Technical:

Participants must have access to ArcheAge.

The image must be captured using an in-game screen capture tool, must be submitted in a digital format (JPG, JPEG, PNG, or GIF), and may not exceed 5MB in size.

The image cannot be manipulated in any way, except that cropping is permitted.

The image cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.

Content:

The image must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;

The image must not disparage Sponsor, or any other person or party affiliated with the promotion and administration of this Contest;

The image must not contain brand names or trademarks other than those of the ArcheAge universe;

The image must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;

The image must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and

The image must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the image is created.

A digitally created image that complies with the above guidelines will be referred to as “Entries.” Entries that do not conform to these Official Rules and Conditions will not be accepted.

Entries generated by any means that violate Trion’s Terms of Use or Trion’s Privacy Policy are void. Uploading an Entry constitutes participant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, except where prohibited by law. Sponsor is not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Entries; all of which will be void.

A. To be eligible to enter the Contest, as of the time you submit your Entry, you must:

Be at least 18 years of age. If you are a minor in your jurisdiction, you must enter the Contest only with your legal guardian’s approval and you must provide written approval of your participation, and consent to these Official Rules and Conditions by your legal guardian, upon request of Sponsor. (This written approval shall be provided within 14 days after the receipt of request by the Sponsor);

Have an active Trion Worlds account, an ArcheAge Forum account, Internet access, an email account and access to a personal computer;

Not have won a prize from Trion within the last twelve (12) months; and

Be a legal resident of: (i) one of the fifty United States (or the District of Columbia); or (ii) Canada (excluding Quebec); or (iii) the member countries of the European Union (excluding the Netherlands); (iv) Switzerland; (v) Australia; or (vi) New Zealand.

Canadian residents will be required to answer an additional mathematical question in order to claim their prizes.

B. Employees of the Sponsor and/or its subsidiaries, agents, or affiliates, and any family members and/or household members of these employees, are not eligible to enter the Contest.

4. SELECTION OF WINNERS.

A. Determination of Winners. The winners will be determined as follows:

Eligible Entries will be judged by Trion’s ArcheAge Team according to the criteria set forth below, and whose decisions are final and binding in all respects.

The ArcheAge Team shall award each Entry a number of points based upon the following 100 point scale: 0-50 points for creativity; 0-25 points for originality; and 0-25 points for adherence to the guidelines.

The five Entries receiving the highest scores shall be the winners (each a “Winner,” and collectively, the “Winners”).

In the unlikely event of a tie, the entrant whose Entry received the highest score in the Creativity category, as determined by the qualified judges in their sole discretion, will be deemed the applicable Winner.

B. Odds of Winning. ODDS OF WINNING A PRIZE ARE SUBJECT TO THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED.

D. Any and all decisions of the Sponsor’s representatives, including those of the judges, shall be final and binding in all respects.

5. PRIZES.

A. Description of Prizes. Each winner each shall receive five (5) of Caernord Shipwright's Design Bag, five (5) of Eznan Shipwright's Design Bag, and five (5) of Enoan Shipwright's Design Bag for use in ArcheAge (value of US$0 each).

B. Estimated Total Prize package value: US$0.

C. Winners will be contacted via email (email address from which their Entry was submitted). If a Winner cannot be contacted, is contacted and does not respond as directed within seven (7) days of attempted notification, refuses the prize or is ineligible to accept the prize, prize may be forfeited and awarded to an alternate winner. All prizes claimed in accordance with the Official Rules will be awarded.

D. The prizes will be awarded to the Winners within a commercially reasonable time frame. Trion shall determine, in its absolute and sole discretion, when such pre-commercial launch testing phase(s) are ready to be administered. Use of the prizes will require: (1) BROADBAND INTERNET CONNECTION (SOLD SEPARATELY), (2) TRION WORLDS ACCOUNT, (3) ACCESS TO A PERSONAL COMPUTER THAT MEETS OR EXCEEDS THE ARCHEAGE SYSTEM REQUIREMENTS, AND (4) ACCEPTANCE OF GAME LICENSE AND USAGE TERMS, INCLUDING, WITHOUT LIMITATION, TRION'S TERMS OF USE, PRIVACY POLICY AND ANY APPLICABLE ARCHEAGE EULA. All prizes are non-transferable, and no substitutions of the prizes for cash or other goods and services are permitted by the Winners. Notwithstanding the foregoing, Sponsor reserves the right to provide a substitute prize of approximately equal value for any reason.

E. All federal, state, local and or other applicable taxes, licenses, title and/or registration fees or others costs, associated with winning a prize are the sole responsibility of the Winners. The Sponsor and its affiliates, subsidiaries and advertising and promotion agencies, and each of their directors, officers, employees, agents and assigns, shall not be responsible for any such taxes, fees and costs.

F. Winners may have their Entries and names posted on all ArcheAge media channels, including, without limitation, the ArcheAge website (http://www.archeagegame.com/en/), the ArcheAge Facebook page (https://www.facebook.com/archeage), the ArcheAge Twitter page (https://twitter.com/ArcheAge), and the ArcheAge Community Forums (http://forums.archeagegame.com/). Except where legally prohibited, by participating in the Contest, the Winners hereby give Sponsor and its affiliates, subsidiaries and advertising and promotion agencies full permission, right and authority to use their likeness, photograph, name, hometown, and Entries, or any other information that they provide about themselves, the prize, the Contest, or* ArcheAge, for the purposes of advertising and promotion (in any media, including but not limited to in print media, television, film, video, radio, internet or otherwise) related to the Contest, ArcheAge or the Sponsor, without any further notification or compensation to you other than that set out herein. Notwithstanding the foregoing, Winners will be given an opportunity to decline inclusion in such advertising and promotions without affecting their eligibility to the prizes.

G. Winners may be required to complete and sign a Non-Disclosure Agreement, an Affidavit of Eligibility and, except where prohibited, Liability/Publicity Release, in the form provided by Sponsor, within seven (7) days of attempted notification in order to claim prizes. If a minor wins a prize, it will be awarded in the name of the minor's parent or legal guardian, who will also be responsible for signing any necessary releases, consents and affidavits.

H. Any prize details not specified herein shall be determined solely by the Sponsor.

6. GENERAL CONDITIONS.

A. You represent and warrant that your Entry is:

Your own original work and that it does not violate any intellectual property rights or any other rights of any third party (including, without limitation, any privacy, publicity or publishing rights); and

Not libelous, obscene or otherwise contrary to law. Use of obscenities, racist, sexist, hateful or other material or depictions that, in Sponsor's sole judgment, are inappropriate or offensive will disqualify an Entry.

B. You agree to:

Be contacted by Sponsor or its agents by email; and

C. Sign any requested documentation set forth in Provision 5 herein (and have your parent or guardian sign such documentation where applicable or requested by Sponsor), including, without limitation an Affidavit of Eligibility and Liability/Publicity Release, in the event that you are a winner.

D. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

E. Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of or connected with this contest or any prize awarded shall be resolved under the laws of the State of California.

F. Neither Sponsor nor any of its affiliates, subsidiaries and advertising and promotion agencies, and each of their directors, officers, employees, agents and assigns, are responsible for lost, interrupted, or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions, or technical failure, jumbled, scrambled or misdirected transmissions, or other errors of any kind whether human, mechanical or electronic or for phone, electrical, network, computer hardware or software program malfunctions, failures or difficulties, or for ISP/network/Web site accessibility or unavailability; any incorrect or inaccurate account information; any incorrect or inaccurate achievement information; human errors; technical malfunctions; theft, tampering, destruction, or unauthorized access to, or alteration of, accounts.

H. Persons found tampering with or abusing any aspect of this Contest, as solely determined by Sponsor, will be disqualified.

I. If disqualified for any tampering or abuses, Sponsor reserves the right to terminate Participant's eligibility to participate in this Contest or any other Contest run by Sponsor.

J. In the event any portion of this Contest is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts, or impairs the administration, security, fairness or proper participation in the Contest, Sponsor reserves the right at their sole discretion to suspend or terminate the Contest, and select Winners from participants accounts that can be determined by Sponsor to have not been compromised.
[*] All of Sponsor's decisions regarding the application and interpretation of the Rules are final.

7.LIMITATIONS OF LIABILITY.

A. By entering this contest, you agree that Sponsor and its affiliates, subsidiaries and advertising and promotion agencies, and each of their directors, officers, employees, agents and assigns, shall not be liable for personal injuries, death, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Contest or acceptance of or use or inability to use a prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.

B. Winners release the Sponsor and its affiliates, subsidiaries and advertising and promotion agencies, and its directors, officers, employees, agents and assigns from any and all liability and responsibility with respect to a prize (including any property loss, damage, personal injury or death).

C. For residents of the EU: The provisions of A and B of this Section do not apply to claims against Sponsor, its representatives and its vicarious agents for damages because of personal injury or death, and to claims for damages in case of intent or gross negligence by Sponsor, its representatives or vicarious agents. In such circumstances, the release will apply to the fullest extent permitted by law.

D. Winners acknowledge that Sponsor and its affiliates, subsidiaries and advertising and promotion agencies, and each of their directors, officers, employees, agents and assigns, have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to a prize.

B. Any personal data you submit in association with this Contest will be stored on a server in the United States of America. Entry into the Contest constitutes your acknowledgement to the storage of your personal data in the United States of America and its use there for the purposes of administering this Contest and associated processing (e.g., but not limited to back-up, archiving). This server is controlled by the Sponsor who is not a participant in the U.S. Department of Commerce’s Safe Harbor Framework. Your personal data will be stored on these servers and used for the purposes of administering this Contest.

C. By entering this Contest, you (or, on behalf of a minor entrant, your parent or guardian) agree that your personal information may be collected, used, by Sponsor and its affiliates, subsidiaries and advertising and promotion agencies, and each of their directors, officers, employees, agents and assigns, for the sole purpose of conducting, administering, and fulfilling the Contest, including, without limitation notifying you if you are chosen as the potential Winner and for prize delivery.

D. For Residents of France Only: Pursuant to French law pertaining to data collection and processing, you have a right of access to, modification and withdrawal of your personal data. You also have the right of opposition to the data collection, under certain circumstances. To exercise such right, you may write an e-mail to privacy@trionworlds.com. The data controller is Sponsor. The recipient of your personal data is the Sponsor. Your data will be transferred outside the European Union.

E. For Residents of Germany Only: Pursuant to the German Federal Data Protection Act, you have a right to information about the personal data stored about you, including its origin, recipient or categories of recipients of the data and the purpose of the storage. In addition, you have the right of correction and, in certain circumstances, to disabling and deletion of your data and, in certain circumstances, the right to object to the collection, processing and use of your personal data. To exercise such right, you may write to: privacy@trionworlds.com.

F. For Residents of United Kingdom Only: Entrants have the right to access, withdraw, and correct their personal data. Entrants may request such action by sending a message to privacy@trionworlds.com.

G. If allowed under applicable law, you may exercise your right to access and modify the personal information about you stored by Sponsor by writing to privacy@trionworlds.com, and detailing your request.

9. WINNERS LIST. A list of Winners will be posted on the Official ArcheAge Forums no later than one (1) week after the Deadline. A list of Winners can also be obtained by sending a self-addressed stamped envelope to Trion Worlds, Inc., ATTN: ArcheAge Team, 1200 Bridge Parkway, Suite 201, Redwood City, CA 94065, USA. Do not send any other correspondence to this address.

10. SEVERABILITY. In the event any Provision of these Official Rules and Conditions prove unenforceable, void or incomplete, the validity of the other conditions will remain unaffected.